Thursday, January 3, 2013

H.R. 4310: National Defense Authorization Act for Fiscal Year 2013

H.R. 4310: National Defense Authorization Act for Fiscal Year 2013

112th Congress, 2011–2013. Text as of Dec 28, 2012 (Passed Congress/Enrolled Bill).
Status & Summary | PDF | Source: GPO

One Hundred Twelfth Congress

of the

United States of America

Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and twelve
An Act
To authorize appropriations for fiscal year 2013 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.
    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,


    This Act may be cited as the ‘National Defense Authorization Act for Fiscal Year 2013’.
    (a) Divisions- This Act is organized into four divisions as follows:
      (1) Division A--Department of Defense Authorizations.
      (2) Division B--Military Construction Authorizations.
      (3) Division C--Department of Energy National Security Authorizations and Other Authorizations.
      (4) Division D--Funding Tables.
    (b) Table of Contents- The table of contents for this Act is as follows:
      Sec. 1. Short title.
      Sec. 2. Organization of Act into divisions; table of contents.
      Sec. 3. Congressional defense committees.



Subtitle A--Authorization of Appropriations

      Sec. 101. Authorization of appropriations.

Subtitle B--Army Programs

      Sec. 111. Multiyear procurement authority for Army CH-47 helicopters.
      Sec. 112. Reports on airlift requirements of the Army.

Subtitle C--Navy Programs

      Sec. 121. Extension of Ford class aircraft carrier construction authority.
      Sec. 122. Multiyear procurement authority for Virginia class submarine program.
      Sec. 123. Multiyear procurement authority for Arleigh Burke class destroyers and associated systems.
      Sec. 124. Limitation on availability of amounts for second Ford class aircraft carrier.
      Sec. 125. Refueling and complex overhaul of the U.S.S. Abraham Lincoln.
      Sec. 126. Designation of mission modules of the Littoral Combat Ship as a major defense acquisition program.
      Sec. 127. Report on Littoral Combat Ship designs.
      Sec. 128. Comptroller General review of Littoral Combat Ship program.
      Sec. 129. Sense of Congress on importance of engineering in early stages of shipbuilding.
      Sec. 130. Sense of Congress on nuclear-powered ballistic submarines.
      Sec. 131. Sense of Congress on Marine Corps amphibious lift and presence requirements.
      Sec. 132. Sense of the Senate on Department of the Navy fiscal year 2014 budget request for tactical aviation aircraft.

Subtitle D--Air Force Programs

      Sec. 141. Reduction in number of aircraft required to be maintained in strategic airlift aircraft inventory.
      Sec. 142. Retirement of B-1 bomber aircraft.
      Sec. 143. Avionics systems for C-130 aircraft.
      Sec. 144. Treatment of certain programs for the F-22A Raptor aircraft as major defense acquisition programs.

Subtitle E--Joint and Multiservice Matters

      Sec. 151. Multiyear procurement authority for V-22 joint aircraft program.
      Sec. 152. Procurement of space-based infrared systems satellites.
      Sec. 153. Limitation on availability of funds for evolved expendable launch vehicle program.
      Sec. 154. Limitation on availability of funds for retirement of RQ-4 Global Hawk unmanned aircraft systems.
      Sec. 155. Requirement to set F-35 aircraft initial operational capability dates.
      Sec. 156. Shallow Water Combat Submersible program.
      Sec. 157. Requirement that tactical manned intelligence, surveillance, and reconnaissance aircraft and unmanned aerial vehicles use specified standard data link.
      Sec. 158. Study on small arms and small-caliber ammunition capabilities.


Subtitle A--Authorization of Appropriations

      Sec. 201. Authorization of appropriations.

Subtitle B--Program Requirements, Restrictions, and Limitations

      Sec. 211. Next-generation long-range strike bomber aircraft nuclear certification requirement.
      Sec. 212. Extension of limitation on availability of funds for Unmanned Carrier-launched Surveillance and Strike system program.
      Sec. 213. Limitation on availability of funds for milestone A activities for an Army medium range multi-purpose vertical takeoff and landing unmanned aircraft system.
      Sec. 214. Use of funds for conventional prompt global strike program.
      Sec. 215. Next Generation Foundry for the Defense Microelectronics Activity.
      Sec. 216. Advanced rotorcraft initiative.

Subtitle C--Missile Defense Programs

      Sec. 221. Prohibition on the use of funds for the MEADS program.
      Sec. 222. Availability of funds for Iron Dome short-range rocket defense program.
      Sec. 223. Authority for relocation of certain Aegis weapon system assets between and within the DDG-51 class destroyer and Aegis Ashore programs in order to meet mission requirements.
      Sec. 224. Evaluation of alternatives for the precision tracking space system.
      Sec. 225. Next generation Exo-atmospheric Kill Vehicle.
      Sec. 226. Modernization of the Patriot air and missile defense system.
      Sec. 227. Evaluation and environmental impact assessment of potential future missile defense sites in the United States.
      Sec. 228. Homeland ballistic missile defense.
      Sec. 229. Regional ballistic missile defense.
      Sec. 230. NATO contributions to missile defense in Europe.
      Sec. 231. Report on test plan for the ground-based midcourse defense system.
      Sec. 232. Sense of Congress on missile defense.
      Sec. 233. Sense of Congress on the submittal to Congress of the homeland defense hedging policy and strategy report of the Secretary of Defense.

Subtitle D--Reports

      Sec. 241. Mission packages for the Littoral Combat Ship.
      Sec. 242. Study on electronic warfare capabilities of the Marine Corps.
      Sec. 243. Conditional requirement for report on amphibious assault vehicles for the Marine Corps.
      Sec. 244. Report on cyber and information technology research investments of the Air Force.
      Sec. 245. National Research Council review of defense science and technical graduate education needs.

Subtitle E--Other Matters

      Sec. 251. Eligibility for Department of Defense laboratories to enter into educational partnerships with educational institutions in territories and possessions of the United States.
      Sec. 252. Regional advanced technology clusters.
      Sec. 253. Sense of Congress on increasing the cost-effectiveness of training exercises for members of the Armed Forces.


Subtitle A--Authorization of Appropriations

      Sec. 301. Operation and maintenance funding.

Subtitle B--Energy and Environment

      Sec. 311. Training range sustainment plan and training range inventory.
      Sec. 312. Authority of Secretary of a military department to enter into cooperative agreements with Indian tribes for land management associated with military installations and State-owned National Guard installations.
      Sec. 313. Department of Defense guidance on environmental exposures at military installations and briefing regarding environmental exposures to members of the Armed Forces.
      Sec. 314. Report on status of targets in implementation plan for operational energy strategy.
      Sec. 315. Limitation on obligation of Department of Defense funds from Defense Production Act of 1950 for biofuel refinery construction.
      Sec. 316. Sense of Congress on protection of Department of Defense airfields, training airspace, and air training routes.

Subtitle C--Logistics and Sustainment

      Sec. 321. Expansion and reauthorization of multi-trades demonstration project.
      Sec. 322. Restoration and amendment of certain provisions relating to depot-level maintenance and core logistics capabilities.
      Sec. 323. Rating chains for system program managers.

Subtitle D--Readiness

      Sec. 331. Intergovernmental support agreements with State and local governments.
      Sec. 332. Expansion and reauthorization of pilot program for availability of working-capital funds for product improvements.
      Sec. 333. Department of Defense national strategic ports study and Comptroller General studies and reports on strategic ports.

Subtitle E--Reports

      Sec. 341. Annual report on Department of Defense long-term corrosion strategy.
      Sec. 342. Report on joint strategy for readiness and training in a C4ISR-denied environment.
      Sec. 343. Comptroller General review of annual Department of Defense report on prepositioned materiel and equipment.
      Sec. 344. Modification of report on maintenance and repair of vessels in foreign shipyards.
      Sec. 345. Extension of deadline for Comptroller General report on Department of Defense service contract inventory.

Subtitle F--Limitations and Extension of Authority

      Sec. 351. Repeal of redundant authority to ensure interoperability of law enforcement and emergency responder training.
      Sec. 352. Aerospace control alert mission.
      Sec. 353. Limitation on authorization of appropriations for the National Museum of the United States Army.
      Sec. 354. Limitation on availability of funds for retirement or inactivation of Ticonderoga class cruisers or dock landing ships.
      Sec. 355. Renewal of expired prohibition on return of veterans memorial objects without specific authorization in law.

Subtitle G--National Commission on the Structure of the Air Force

      Sec. 361. Short title.
      Sec. 362. Establishment of Commission.
      Sec. 363. Duties of the Commission.
      Sec. 364. Powers of the Commission.
      Sec. 365. Commission personnel matters.
      Sec. 366. Termination of the Commission.
      Sec. 367. Funding.

Subtitle H--Other Matters

      Sec. 371. Military working dog matters.
      Sec. 372. Comptroller General review of handling, labeling, and packaging procedures for hazardous material shipments.


Subtitle A--Active Forces

      Sec. 401. End strengths for active forces.
      Sec. 402. Revision in permanent active duty end strength minimum levels.
      Sec. 403. Annual limitation on end strength reductions for regular component of the Army and Marine Corps.
      Sec. 404. Additional Marine Corps personnel for the Marine Corps Security Guard Program.

Subtitle B--Reserve Forces

      Sec. 411. End strengths for Selected Reserve.
      Sec. 412. End strengths for Reserves on active duty in support of the reserves.
      Sec. 413. End strengths for military technicians (dual status).
      Sec. 414. Fiscal year 2013 limitation on number of non-dual status technicians.
      Sec. 415. Maximum number of reserve personnel authorized to be on active duty for operational support.

Subtitle C--Authorization of Appropriations

      Sec. 421. Military personnel.


Subtitle A--Officer Personnel Policy Generally

      Sec. 501. Limitation on number of Navy flag officers on active duty.
      Sec. 502. Reinstatement of authority for enhanced selective early retirement boards and early discharges.
      Sec. 503. Modification of definition of joint duty assignment to include all instructor assignments for joint training and education.
      Sec. 504. Exception to required retirement after 30 years of service for Regular Navy warrant officers in the grade of Chief Warrant Officer, W-5.
      Sec. 505. Extension of temporary authority to reduce minimum length of active service as a commissioned officer required for voluntary retirement as an officer.
      Sec. 506. Temporary increase in the time-in-grade retirement waiver limitation for lieutenant colonels and colonels in the Army, Air Force, and Marine Corps and commanders and captains in the Navy.
      Sec. 507. Modification to limitations on number of officers for whom service-in-grade requirements may be reduced for retirement in grade upon voluntary retirement.
      Sec. 508. Air Force Chief of Chaplains.

Subtitle B--Reserve Component Management

      Sec. 511. Codification of staff assistant positions for Joint Staff related to National Guard and Reserve matters.
      Sec. 512. Automatic Federal recognition of promotion of certain National Guard warrant officers.
      Sec. 513. Availability of Transition Assistance Advisors to assist members of reserve components who serve on active duty for more than 180 consecutive days.

Subtitle C--General Service Authorities

      Sec. 518. Authority for additional behavioral health professionals to conduct pre-separation medical exams for post-traumatic stress disorder.
      Sec. 519. Diversity in the Armed Forces and related reporting requirements.
      Sec. 520. Limitation on reduction in number of military and civilian personnel assigned to duty with service review agencies.
      Sec. 521. Extension of temporary increase in accumulated leave carryover for members of the Armed Forces.
      Sec. 522. Modification of authority to conduct programs on career flexibility to enhance retention of members of the Armed Forces.
      Sec. 523. Prohibition on waiver for commissioning or enlistment in the Armed Forces for any individual convicted of a felony sexual offense.
      Sec. 524. Quality review of Medical Evaluation Boards, Physical Evaluation Boards, and Physical Evaluation Board Liaison Officers.
      Sec. 525. Reports on involuntary separation of members of the Armed Forces.
      Sec. 526. Report on feasibility of developing gender-neutral occupational standards for military occupational specialties currently closed to women.
      Sec. 527. Report on education and training and promotion rates for pilots of remotely piloted aircraft.
      Sec. 528. Impact of numbers of members within the Integrated Disability Evaluation System on readiness of Armed Forces to meet mission requirements.

Subtitle D--Military Justice and Legal Matters

      Sec. 531. Clarification and enhancement of the role of Staff Judge Advocate to the Commandant of the Marine Corps.
      Sec. 532. Additional information in reports on annual surveys of the Committee on the Uniform Code of Military Justice.
      Sec. 533. Protection of rights of conscience of members of the Armed Forces and chaplains of such members.
      Sec. 534. Reports on hazing in the Armed Forces.

Subtitle E--Member Education and Training Opportunities and Administration

      Sec. 541. Transfer of Troops-to-Teachers Program from Department of Education to Department of Defense and enhancements to the Program.
      Sec. 542. Support of Naval Academy athletic and physical fitness programs.
      Sec. 543. Expansion of Department of Defense pilot program on receipt of civilian credentialing for military occupational specialty skills.
      Sec. 544. State consideration of military training in granting certain State certifications and licenses as a condition on the receipt of funds for veterans employment and training.
      Sec. 545. Department of Defense review of access to military installations by representatives of institutions of higher education.
      Sec. 546. Report on Department of Defense efforts to standardize educational transcripts issued to separating members of the Armed Forces.
      Sec. 547. Comptroller General of the United States reports on joint professional military education matters.

Subtitle F--Reserve Officers’ Training Corps and Related Matters

      Sec. 551. Repeal of requirement for eligibility for in-State tuition of at least 50 percent of participants in Senior Reserve Officers’ Training Corps program.
      Sec. 552. Consolidation of military department authority to issue arms, tentage, and equipment to educational institutions not maintaining units of Junior Reserve Officers’ Training Corps.
      Sec. 553. Modification of requirements on plan to increase the number of units of the Junior Reserve Officers’ Training Corps.
      Sec. 554. Comptroller General report on Reserve Officers’ Training Corps programs.

Subtitle G--Defense Dependents’ Education and Military Family Readiness

      Sec. 561. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.
      Sec. 562. Impact aid for children with severe disabilities.
      Sec. 563. Amendments to the Impact Aid program.
      Sec. 564. Transitional compensation for dependent children who are carried during pregnancy at time of dependent-abuse offense committed by an individual while a member of the Armed Forces.
      Sec. 565. Modification of authority to allow Department of Defense domestic dependent elementary and secondary schools to enroll certain students.
      Sec. 566. Noncompetitive appointment authority regarding certain military spouses.
      Sec. 567. Report on future of family support programs of the Department of Defense.
      Sec. 568. Sense of Congress regarding support for Yellow Ribbon Day.

Subtitle H--Improved Sexual Assault Prevention and Response in the Armed Forces

      Sec. 570. Armed Forces Workplace and Gender Relations Surveys.
      Sec. 571. Authority to retain or recall to active duty reserve component members who are victims of sexual assault while on active duty.
      Sec. 572. Additional elements in comprehensive Department of Defense policy on sexual assault prevention and response.
      Sec. 573. Establishment of special victim capabilities within the military departments to respond to allegations of certain special victim offenses.
      Sec. 574. Enhancement to training and education for sexual assault prevention and response.
      Sec. 575. Modification of annual Department of Defense reporting requirements regarding sexual assaults.
      Sec. 576. Independent reviews and assessments of Uniform Code of Military Justice and judicial proceedings of sexual assault cases.
      Sec. 577. Retention of certain forms in connection with Restricted Reports on sexual assault at request of the member of the Armed Forces making the report.
      Sec. 578. General or flag officer review of and concurrence in separation of members of the Armed Forces making an Unrestricted Report of sexual assault.
      Sec. 579. Department of Defense policy and plan for prevention and response to sexual harassment in the Armed Forces.

Subtitle I--Suicide Prevention and Resilience

      Sec. 580. Enhancement of oversight and management of Department of Defense suicide prevention and resilience programs.
      Sec. 581. Reserve component suicide prevention and resilience program.
      Sec. 582. Comprehensive policy on prevention of suicide among members of the Armed Forces.
      Sec. 583. Study of resilience programs for members of the Army.

Subtitle J--Other Matters

      Sec. 584. Issuance of prisoner-of-war medal.
      Sec. 585. Technical amendments relating to the termination of the Armed Forces Institute of Pathology under defense base closure and realignment.
      Sec. 586. Modification of requirement for reports in Federal Register on institutions of higher education ineligible for contracts and grants for denial of ROTC or military recruiter access to campus.
      Sec. 587. Acceptance of gifts and services related to educational activities and voluntary services to account for missing persons.
      Sec. 588. Display of State, District of Columbia, commonwealth, and territorial flags by the Armed Forces.
      Sec. 589. Enhancement of authorities on admission of defense industry civilians to certain Department of Defense educational institutions and programs.
      Sec. 590. Extension of authorities to carry out a program of referral and counseling services to veterans at risk of homelessness who are transitioning from certain institutions.
      Sec. 591. Inspection of military cemeteries under the jurisdiction of Department of Defense.
      Sec. 592. Report on results of investigations and reviews conducted with respect to Port Mortuary Division of the Air Force Mortuary Affairs Operations Center at Dover Air Force Base.
      Sec. 593. Preservation of editorial independence of Stars and Stripes.
      Sec. 594. National public awareness and participation campaign for Veterans’ History Project of American Folklife Center.
      Sec. 595. Report on accuracy of data in the Defense Enrollment Eligibility Reporting System.
      Sec. 596. Sense of Congress that the bugle call commonly known as Taps should be designated as the National Song of Military Remembrance.


Subtitle A--Pay and Allowances

      Sec. 601. Fiscal year 2013 increase in military basic pay.
      Sec. 602. Extension of authority to provide temporary increase in rates of basic allowance for housing under certain circumstances.
      Sec. 603. Basic allowance for housing for two-member couples when one member is on sea duty.
      Sec. 604. Rates of basic allowance for housing for members performing active Guard and Reserve duty.
      Sec. 605. Payment of benefit for nonparticipation of eligible members in Post-Deployment/Mobilization Respite Absence program due to Government error.

Subtitle B--Bonuses and Special and Incentive Pays

      Sec. 611. One-year extension of certain bonus and special pay authorities for reserve forces.
      Sec. 612. One-year extension of certain bonus and special pay authorities for health care professionals.
      Sec. 613. One-year extension of special pay and bonus authorities for nuclear officers.
      Sec. 614. One-year extension of authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities.
      Sec. 615. One-year extension of authorities relating to payment of other title 37 bonuses and special pays.
      Sec. 616. Increase in maximum amount of officer affiliation bonus for officers in the Selected Reserve.
      Sec. 617. Increase in maximum amount of incentive bonus for reserve component members who convert military occupational specialty to ease personnel shortages.

Subtitle C--Travel and Transportation Allowances

      Sec. 621. Permanent change of station allowances for members of Selected Reserve units filling a vacancy in another unit after being involuntarily separated.
      Sec. 622. Authority for comprehensive program for space-available travel on Department of Defense aircraft.

Subtitle D--Benefits and Services for Members Being Separated or Recently Separated

      Sec. 631. Extension of authority to provide two years of commissary and exchange benefits after separation.
      Sec. 632. Transitional use of military family housing.

Subtitle E--Disability, Retired Pay, and Survivor Benefits

      Sec. 641. Repeal of requirement for payment of Survivor Benefit Plan premiums when participant waives retired pay to provide a survivor annuity under Federal Employees Retirement System and terminating payment of the Survivor Benefit Plan annuity.
      Sec. 642. Repeal of automatic enrollment in Family Servicemembers’ Group Life Insurance for members of the Armed Forces married to other members.
      Sec. 643. Clarification of computation of combat-related special compensation for chapter 61 disability retirees.

Subtitle F--Commissary and Nonappropriated Fund Instrumentality Benefits and Operations

      Sec. 651. Repeal of certain recordkeeping and reporting requirements applicable to commissary and exchange stores overseas.
      Sec. 652. Treatment of Fisher House for the Families of the Fallen and Meditation Pavilion at Dover Air Force Base, Delaware, as a Fisher House.

Subtitle G--Military Lending

      Sec. 661. Additional enhancements of protections on consumer credit for members of the Armed Forces and their dependents.
      Sec. 662. Effect of violations of protections on consumer credit extended to members of the Armed Forces and their dependents.
      Sec. 663. Consistent definition of dependent for purposes of applying limitations on terms of consumer credit extended to certain members of the Armed Forces and their dependents.

Subtitle H--Military Compensation and Retirement Modernization Commission

      Sec. 671. Purpose, scope, and definitions.
      Sec. 672. Military Compensation and Retirement Modernization Commission.
      Sec. 673. Commission hearings and meetings.
      Sec. 674. Principles and procedure for Commission recommendations.
      Sec. 675. Consideration of Commission recommendations by the President.
      Sec. 676. Executive Director.
      Sec. 677. Staff.
      Sec. 678. Judicial review precluded.
      Sec. 679. Termination.
      Sec. 680. Funding.

Subtitle I--Other Matters

      Sec. 681. Equal treatment for members of Coast Guard Reserve called to active duty under title 14, United States Code.
      Sec. 682. Report regarding Department of Veterans Affairs claims process transformation plan.


Subtitle A--TRICARE and Other Health Care Benefits

      Sec. 701. Extension of TRICARE Standard coverage and TRICARE dental program for members of the Selected Reserve who are involuntarily separated.
      Sec. 702. Inclusion of certain over-the-counter drugs in TRICARE uniform formulary.
      Sec. 703. Modification of requirements on mental health assessments for members of the Armed Forces deployed in connection with a contingency operation.
      Sec. 704. Use of Department of Defense funds for abortions in cases of rape and incest.
      Sec. 705. Pilot program on certain treatments of autism under the TRICARE program.
      Sec. 706. Pilot program on enhancements of Department of Defense efforts on mental health in the National Guard and Reserves through community partnerships.
      Sec. 707. Sense of Congress on health care for retired members of the uniformed services.

Subtitle B--Health Care Administration

      Sec. 711. Authority for automatic enrollment in TRICARE Prime of dependents of members in pay grades above pay grade E-4.
      Sec. 712. Cost-sharing rates for the Pharmacy Benefits Program of the TRICARE program.
      Sec. 713. Clarification of applicability of certain authority and requirements to subcontractors employed to provide health care services to the Department of Defense.
      Sec. 714. Expansion of evaluation of the effectiveness of the TRICARE program.
      Sec. 715. Requirement to ensure the effectiveness and efficiency of health engagements.
      Sec. 716. Pilot program for refills of maintenance medications for TRICARE for Life beneficiaries through the TRICARE mail-order pharmacy program.

Subtitle C--Mental Health Care and Veterans Matters

      Sec. 723. Sharing between Department of Defense and Department of Veterans Affairs of records and information retained under the medical tracking system for members of the Armed Forces deployed overseas.
      Sec. 724. Participation of members of the Armed Forces in peer support counseling programs of the Department of Veterans Affairs.
      Sec. 725. Research and medical practice on mental health conditions.
      Sec. 726. Transparency in mental health care services provided by the Department of Veterans Affairs.
      Sec. 727. Expansion of Vet Center Program to include furnishing counseling to certain members of the Armed Forces and their family members.
      Sec. 728. Organization of the Readjustment Counseling Service in the Department of Veterans Affairs.
      Sec. 729. Recruitment of mental health providers for furnishing mental health services on behalf of the Department of Veterans Affairs without compensation from the Department.
      Sec. 730. Peer support.

Subtitle D--Reports and Other Matters

      Sec. 731. Plan for reform of the administration of the military health system.
      Sec. 732. Future availability of TRICARE Prime throughout the United States.
      Sec. 733. Extension of Comptroller General report on contract health care staffing for military medical treatment facilities.
      Sec. 734. Extension of Comptroller General report on women-specific health services and treatment for female members of the Armed Forces.
      Sec. 735. Study on health care and related support for children of members of the Armed Forces.
      Sec. 736. Report on strategy to transition to use of human-based methods for certain medical training.
      Sec. 737. Study on incidence of breast cancer among members of the Armed Forces serving on active duty.
      Sec. 738. Performance metrics and reports on Warriors in Transition programs of the military departments.
      Sec. 739. Plan to eliminate gaps and redundancies in programs of the Department of Defense on psychological health and traumatic brain injury.

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